Posted on 03/28/2006 1:01:32 PM PST by doug from upland
THE IDEA STARTED ON THIS THREAD.
We are hearing that reports of employers using illegal aliens or instances of illegal aliens engaged in criminal activity, have been responded to quickly by the new agency. Please note that it is unlikely that ICE will take any action against an illegal alien that is not employed illegally or engaged in some other sort of illegal activity.
The TOLL FREE number to report ILLEGAL aliens or those employing ILLEGAL aliens to ICE is: 866-347-2423
How it works:
You are not required to provide your identity to ICE. All that is necessary to request an investigation by ICE is mere suspicion of any activity by ILLEGAL aliens.
ICE and the IRS are especially interested in "visiting" those businesses that employ ILLEGALS "off the books" to avoid the payment of payroll taxes.
Small and large businesses are equally notorious in the hiring of ILLEGAL aliens to avoid paying fair wages to its workers and to criminally evade the collection and payment of payroll taxes.
We are interested in getting current information regarding how helpful or unhelpful the new agency has been in taking your information and following up on your complaint, so please drop us an email to keep us current.
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FReepers, here is a chance to make a difference in this battle. The only thing that will stop the invasion is stopping the employers who hire illegal aliens.
Please use this thread to give us reports of what you are doing. We need to develop a list of those businesses who can prove that they do not hire illegal aliens. If, for instance, you have spoken with someone at a certain restaurant and can determine that the restaurant does not hire illegal aliens, let us know about it. Those in the area need to partronize that restaurant. Positive publicity needs to be generated for them for being good Americans.
If you have evidence (perhaps including photos) of a business that is hiring illegals, report it to the number above and give us a report. Please do your homework on this. Make sure you get it right.
This may or may not have a significant impact, but we can't just sit here and watch our nation and culture being destroyed. If we can do this enough times around the country and make sure we get publicity, we have the potential to do something really important here.
Who is going to be first?
The Law Against Hiring or Harboring Illegal Aliens
The following is an overview of federal law on hiring and harboring illegal aliens. It is not a substitute for professional legal counsel in specific situations.
Summary
A person (including a group of persons, business, organization or local government) commits a federal felony when he:
assists an alien whom he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him to obtain employment,
encourages that alien to remain in the U.S., by referring him to an employer, by acting as employer or agent for an employer in any way, or
knowingly assists illegal aliens due to personal convictions.
Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime.
Anyone employing or contracting with an illegal alien without verifying his work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.
Recruitment and Employment of Illegal Aliens
It is unlawful to hire an alien, to recruit an alien, or to refer an alien for a fee, knowing the alien is unauthorized to work in the United States.1 It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work.2 Employers may give preference in recruitment and hiring to a U.S. citizen over an alien with work authorization only where the U.S. citizen is equally or better qualified.3
It is unlawful to hire an individual for employment in the United States without complying with employment eligibility verification requirements.4 Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with 3 days advance notice, they must be made available for inspection.
Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home.5 Day laborers or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law.6
An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verification of authorization to work, employer also means an independent contractor, or a contractor other than the person using the alien labor.7 The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements.8
If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.9
An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts.10 Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer, that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer’s work force.11 Knowledge cannot be inferred solely on the basis of an individual’s accent or foreign appearance. Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien workforce of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.12
It is illegal for non-profit and religious organizations to knowingly assist an employer to violate employment sanctions, regardless of claims that their convictions require them to assist aliens.13 Harboring or aiding illegal aliens is not protected by the First Amendment.14
It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to 5 years.15
Encouraging and Harboring Illegal Aliens
It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any alien who is in the United States in violation of law.16 Harboring means any conduct that tends to substantially facilitate an alien to remain in the U.S. illegally.17 The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally, but has since lost his legal status.
An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien’s illegal employment.18 Any person who within any 12-month period hires ten or more individuals with actual knowledge that they illegal aliens or unauthorized workers is guilty of felony harboring. 19
It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien’s entry or residence is in violation of the law.20 This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that “encouraging” includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious “errors”.21 The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities “without delay” upon entry to the U.S.
The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to 20 years imprisonment. If the criminal smuggling or harboring results in the death “of any person,” the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. 22 Courts can impose consecutive prison sentences for each alien smuggled or harbored.23 A court may order a convicted smuggler to pay restitution if the alien smuggled qualifies as a “victim” under the Victim and Witness Protection Act.24
Conspiracy to commit the crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years imprisonment.25
Enforcement
A person or entity having knowledge of a violation or potential violation of employer sanctions provisions may submit a signed written complaint to the INS office with jurisdiction over the business or residence of the potential violator, whether an employer, employee, or agent. The complaint must include the names and addresses of both the complainant and the violator, and detailed factual allegations, including date, time and place of the potential violation, and the specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only investigate third party complaints that have “a reasonable probability of validity.”26
Designated INS officers and employees, and all other officers whose duty it is to enforce criminal laws, may make an arrest for violation of smuggling or harboring illegal aliens.27
State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is “no extant federal limitation” on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws.28
Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous or erratic behavior, dress or speech indicating foreign citizenship, and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient.29 Immigration officers and police must have a valid warrant or valid employer’s consent to enter work places or residences.30
Any vehicle used to transport or harbor illegal aliens, or as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S.31
Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire or actually violate federal alien smuggling, harboring, or document fraud statutes under the Racketeer-Influenced and Corrupt Organizations Act (RICO).32 The “pattern of racketeering” activity is defined as commission of two or more of the listed crimes. A RICO “enterprise” can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, and can include non-profit associations.
Employers who aid or abet the preparation of false tax returns by failing to pay income or social security taxes for illegal alien employees, or who knowingly make payments using false names or social security numbers, are subject to IRS criminal and civil sanctions.33
U.S. nationals who have suffered intentional discrimination because of citizenship or national origin by an employer with more than 3 employees may file a complaint within 180 days of the discriminatory act with the Special Counsel for Immigration-Related Unfair Employment Practices, U.S. Department of Justice.34
In addition to the federal statutes summarized above, state laws and local ordinances controlling fair labor practices, workers compensation, zoning, safe housing and rental property, nuisance, licensing, street vending, and solicitations by contractors may also apply to activities that involve illegal aliens.
INA 274A(a)(1)(A).
INA 274A (a)(2).
INA 274B(a)(4).
INA 274A(a)(1)(B)(i).
46 USC 8704, 8 CFR 274a.1(f), (h).
Jenkins v. INS, 108 F.3d 195, (9th Cir.1997).
8 CFR 274a.1(g).
52 Fed. Reg. 16219 (May 1, 1987).
8 CFR 274a.2(b)(1)(iii).
8 CFR 274a.1(l).
8 CFR 274a.1(l)(1).
Seven Star Inc. v. U.S., 933 F. 2d 791 (9th Cir., 1991).
AFSC v. Thornburgh 961 F.2d 1405 (9th Cir. 1992), Intercommunity Center for Peace and Justice v. INS, 910 F.2d 42 (2nd Cir. 1990).
U.S. v. Merkt 794 F.2d 950 (5th Cir. 1986), cert. denied 480 US 946.
INA 275(d).
INA 274(a)(1)(A)(iii).
U.S. v. Lopez, 521 F.2d 437 (2nd Cir 1975), cert. denied 423 US 995.
U.S. v. Kim, F.3d ---, 1999 WL 803256 (2nd Cir. Oct. 8, 1999).
INA 274(a)(3).
INA 274(a)(1)(A)(iv).
U.S. v. Oloyede, 982 F.2d 133 (4th Cir. 1992).
274(a)(1)(B).
Vega-Murillo v. U.S., 247 F.2d 735 (9th Cir. 1957), cert. denied 357 U.S. 910.
U.S. v. Sanga, 967 F.2d 1332 (9th Cir. 1992).
18 USCS 371.
8 CFR 274a.9(b).
INA 274(c).
U.S. v. Ontoniel Vasquez-Alvarez, 176 F.3d 1294 (10th Cir.1999), cert. denied, SC 99-5643 (Oct. 4, 1999).
U.S. v. Brignoni-Ponce, 422 U.S. 873, 884-887 (1975).
63 ALR Fed.180.
INA 274(a), (b)(1).
18 USC 1961-1968.
26 USCS 7206.
INA 274B(d).
Updated 12/99
Thanks, Doug. I'm going to cut and paste key phrases from this and send to area businesses that hire illegals.
I'm sure words such as "crime", "seizure" and "arrest" will make some of them think twice before saving a few bucks by hiring such workers off books.
That is the idea. It is time to put them on notice.
Will do. Will have to wait 'til tomorrow me thinks. Nobody answering tonight.
Bump
Hey, Denny's is open 24 hours. :)
THANKS DOUG! Remember that it is our NEIGHBORS who are hiring these folks! Hold their feet to the fire.
LOL Well yeah, but I was specifically talking about this home construction company.
I'll call Denny's too tho.
Was this in LA?
I believe it was from the LA protest. I grabbed it from a thread about it yesterday but there have been so many.
Here is a proposed message for a business that you are really sure is hiring illegals. I wouldn't suggest leaving your contact info. Maybe it gets sent from another email account, by fax, or by mail. Here is the first idea.
TO: The owner of X business
Sir, it has come to our attention that you may unknowingly have hired illegal aliens for your business. We hope that is not the case because it is against the law. There may be significant penalties involved.
You have an obligation to verify the status of an employee and to verify that the employee's documentation is real. You cannot just pretend that everything is okay. The fraud line for Social Security is 800.269.0271.
If you discover that you have hired an illegal alien, you need to solve the problem. If we discover, thirty days from now, that an illegal alien is working for you and you have not solved the problem, we have the obligation as good citizens to phone in a complaint to ICE - Immigration and Customs Enforcement at 866.347.2423.
We appreciate your attention in this matter and wish you continued business success.
Perhaps try No. 132 above.
There are times, I see "questionable" ones there, especially when they show me their obviously fake ID...even though I do not request (nor need) to see it to treat them.
I have these INS/ICE phone #'s already programed in my cell phone. It will be an interesting day at work Friday.
That is, unless they will all be out protesting again. We may end up with a slow schedule.
Well, give us a report.
That is what they tell you. The problem is, the employer is not obligated to determine if the documents are legitimate, only that the applicant must produce a document.
The federal government must "get their thumb out" and get Social Security and drivers license database in a form that the employer can check documents for authenticity.
'Till then, we are wasting our time. There are millions of illegals paying into stolen and phony S.S. account numbers.
Yours truly- Minutemen, an "Uplander" from long ago when Upland still had orange groves.
Doug, thanks for posting this. Many of us have said it's going to take more than one silver bullet to slay this beast...taking this step is a biggie.
I work there only intermittently, so it's taking me sometime to put all of the information together, so I can make a formal complaint.
Plus, the next time someone comes in and shows me their ID like that, I will take notice (and name of their employer).
I don't have enough info yet to make the formal complaint. This is a work in progress.
Every business (restaurants are probably the most guilty)even in the smallest hamlets in the USA hire illegals.
Fraudulent documents is one thing...how about making the Social Security Number check a mandatory requirement, and running it like NICS for gun purchasers?
I know both systems are flawed...but it will catch the amateur who uses my SSN and his own name to try to get past the system. It's a start.
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